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Kamali, Mohammad Hashim

Kamali, Mohammad Hashim

Kamali, Mohammad Hashim

Mohammad Hashim Kamali

Mohammad Hashim Kamali

Abstract

This paper is presented in three parts and several sections. The first part consists of a stocktaking of recent developments and dynamics that have engaged President Hamid Karzai's government ever since he came to power in December 2001. A mixed picture is presented which draws attention to many problems that have impeded reconstruction efforts in the country. Some positive developments have also occurred including, for example, the introduction of a new constitution, presidential and parliamentary elections, as well as resumption of schooling for children that by mid-2006 had numbered four million throughout the country. An overview of the previous constitutions and a brief historical perspective attempt to show how leadership flaws and internal differences in the royal household plunged Afghanistan into a succession of coups, foreign invasions, and catastrophic consequences for its people. Are there any lessons to be learnt? The second part of this essay focuses on a review and analysis of the 2004 constitution with special reference to Islam, and the last part takes a similar approach to women's rights.

Mohammad Hashim Kamali

Abstract

In this essay I propose a new methodology for the harmonization of Sharīah, based mainly on my experience teaching and researching Islamic jurisprudence over the past two decades. This is a new area of research that requires further elaboration and development. Inasmuch as I seek to provide criteria and guidelines for further development, the proposed methodology, of necessity, is open to scrutiny and refinement. The essay is presented in two parts. In Part I, I examine the meaning of harmonization both as a concept and as a method that seeks to bring greater coordination and consonance between the Sharīah and civil law. In Part II, I articulate a set of methodological guidelines to stimulate future contributions to the subject. The two sections are inter-related and both are concerned with articulating a methodology for the proposed area of research.